COUNCIL chiefs in Leeds failed to carry out sufficient consultation before making a controversial decision to erect safety fencing at an Otley beauty spot, an inquiry has found.
Leeds City Council last year installed the fencing alongside part of the River Wharfe in Wharfemeadows Park.
It followed a review of water safety prompted by an accident in 2005 in which two teenagers drowned in Waterloo Lake in Roundhay Park, Le
eds.
But the decision was heavily criticised by some people in Otley who complained it was unnecessary and a waste of money and spoiled the park.
Over 6,00 people signed a petition organised by the Wharfemeadows Action Group (WAG), formed to oppose the fencing plan, which claimed the council had based its decision on flawed advice relating to its legal responsibilities.
The council's Leisure Scrutiny Board – a watchdog body – carried out an inquiry into how the issue was handled and has now published its draft report.
It rejects WAG's argument that the council's Executive Board was misled by inaccurate legal advice and concludes that the board "made the decision in all good faith with all available and appropriate information before it."
But the board is critical of a lack of public consultation before the Executive Board's decision in February 2007 to erect fencing.
The report says: "It is our view that more could have been done and sooner to inform the residents of Leeds and of Otley in particular of the city council's intentions. It is clear that in the minds of Otley Town Council, the city council has totally disregarded not just its views on the fence but also its legitimate right to be consulted in a timely and appropriate manner - which is perhaps more worrying."
It recommends that in future the city council strictly adheres to a charter which promises consultation with town and parish councils on issues affecting their communities.
The report, which will be discussed by Scrutiny Board members at their meeting on Monday, also expresses concerns that council officers initially refused to make public the full legal advice, including a barrister's opinion, it had received on the fencing issue.
The board says: "It is our view that, in the spirit of open and transparent decision-making, this advice should have been in the public domain at an early stage."
It recommends that in future all legal advice obtained by the council be made public apart from in exceptional circumstances to be determined by the council's monitoring officer, who would have make clear the reasons for any non-disclosure.
The full article contains 429 words and appears in EP Leeds First & County newspaper.
